ThomasMoreAI Deponent Coaching Guide
Produces ready-to-use behavioral coaching materials for deposition witnesses: methodology, rules, difficult question handling, composure techniques, and phrase cards.
Prerequisites
- Witness identity and role — relationship to the matter
- Matter context — subject matter and claims/defenses at issue
- Anticipated difficulty areas — topics where the witness may struggle (optional)
Core Mindset
Open every coaching session with:
"Your only job is to tell the truth based on what you actually know and remember. You are not there to win the case — only to answer truthfully. If the truth hurts our case, tell it anyway. What we cannot recover from is testimony that isn't true."
The SHAQ Method
| Step | Rule | Key Point |
|---|---|---|
| Stop | Pause before answering | Don't formulate while the question is being asked |
| Hear | Listen to the full question | Wait for completion; ask for clarification if unclear |
| Answer | Answer only what was asked | Yes/no questions get yes/no answers — no volunteering |
| Quit | Stop talking immediately | Silence after answering is not your problem |
Example — Q: "Did you attend the March 15 meeting?"
- Bad: "Yes, I attended. It was about the quarterly review. About eight people were there..."
- Good: "Yes."
Ten Golden Rules
| # | Rule | Script |
|---|---|---|
| 1 | Listen to the complete question | Never interrupt; don't anticipate the ending |
| 2 | Clarify before answering | "What do you mean by [term]?" / "Can you rephrase that?" |
| 3 | Answer only what's asked | No explanations unless asked "why" |
| 4 | Always tell the truth | Even unfavorable facts — partial lies destroy all credibility |
| 5 | "I don't know" is acceptable | Use when you genuinely lack the information |
| 6 | "I don't recall" is acceptable | Use when you may have known but cannot now remember |
| 7 | Take your time | No prize for speed — pause, think, then answer |
| 8 | Don't guess or speculate | "I don't recall the date" not "I think it was probably March" |
| 9 | Reject false characterizations | "I wouldn't characterize it that way." / "That's not accurate." |
| 10 | Don't look to your attorney | They can object; they cannot answer for you |
Difficult Question Types
| Type | Example | Response |
|---|---|---|
| Compound | "Did you review and approve it?" | "That's two questions. I reviewed it. I did not approve it." |
| False premise | "When did you stop falsifying reports?" | "I never falsified any reports." — reject the premise, skip the "when" |
| "Isn't it true..." | "Isn't it true you were angry?" | Agree if true; correct if false; qualify if partial: "I was frustrated, not angry." |
| Absolutes | "You always followed the policy, correct?" | "I followed it as a general practice" — avoid absolute commitments |
| Hypotheticals | "What would you have done if..." | "I can only speak to what I actually did." |
| Unrecognized documents | "Do you recognize this document?" | "I don't recognize this document." / "I don't recall seeing this before." |
| Opinion/characterization | "Do you think the company acted fairly?" | "I can tell you what I observed." — facts, not judgments |
Composure Under Pressure
Aggressive opposing counsel:
- Slow down — don't match their pace or tone
- Take a sip of water (natural pause, resets composure)
- Aggressiveness is a tactic, not personal
Mid-deposition corrections: Say "I need to correct something I said earlier..." — correct immediately. Corrections reflect honesty; cover-ups reflect deception.
Break rules:
- May request a break for restroom or composure
- Cannot break while a question is pending — must answer first
- Cannot consult attorney about how to answer a specific question during a break
Quick-Reference Phrase Card
Provide this section directly to the deponent.
| Situation | What to Say |
|---|---|
| Don't understand | "I don't understand the question." / "Can you rephrase that?" |
| Don't know | "I don't know." / "I don't have that information." |
| Don't remember | "I don't recall." / "I don't have a specific recollection of that." |
| False assumption | "That's not accurate." + state what is accurate |
| Need a moment | Take a breath — there is no rush |
Never say: "Honestly..." or "To tell you the truth..." (implies prior answers were not honest). Reserve "I think" for genuine uncertainty.
Never do: Nod/shake head (reporter needs verbal answers), volunteer beyond scope, argue or joke (reads poorly in transcript).
Pitfalls and Checks
- Ethics boundary: Coach how to testify, never what to say. Do not suggest substance, shape recollection, or help avoid truthful but harmful facts. See ABA Formal Opinion 508 (2023) [VERIFY].
- Speculation vs. estimate: When explicitly asked "Can you estimate?", a qualified answer is permissible — this differs from unprompted guessing.
- Jurisdiction: Behavioral coaching rules apply uniformly across U.S. federal and state courts.
- Companion skills:
deposition-witness-prep-sessionfor the full session framework;deposition-objection-referencefor handling objections during testimony. - References: ABA Formal Opinion 508 (2023) [VERIFY]; NITA Deposition Skills Training Materials; Malone & Hoffman, The Effective Deposition (4th ed.).